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Residency: US. Business: UK. Legality=?

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gfk2010

Junior Member
What is the name of your state (only U.S. law)? Kansas

I own and operate a website in the United States. I've been approached about becoming an affiliate partner with an online sports wagering site in Costa Rica. I would post banner ads and use my mailing list to encourage people to open an account with the wagering site--no wagering or betting would actually be conducted on my website.

Current U.S. law, the Unlawful Internet Gambling Enforcement Act (2006), prohibits Americans from using credit cards, electronic funds transfers, or checks to finance Internet gambling activity. However, placing a bet online is NOT illegal according to the law.

From About.com:


It's important to note, the act deals only with how Internet gambling accounts are funded, not the actual betting. After passage of the Unlawful Internet Gambling Enforcement Act, Lawrence Walters, an Internet gambling law attorney, appeared on PBS' NewsHour show and stated, "The bill has no impact on the individual player's activity. The bill is centered on restricting certain financial transactions, requiring that banks identify and block transactions going through their servers and their systems, and requiring that the actual sites, the Internet gambling sites, stop and block these transactions."

Keith Whyte, the executive director of the National Council of Problem Gambling, appeared on the same show as Walters and agreed with his statement, saying "The bill is interesting, in that it doesn't make gambling on the Internet illegal. It makes funding your wager on the Internet illegal. The financial transaction is what is criminalized here, not necessarily the state of play."
This seems straightforward enough to me, but I read from time to time about the occasional site that is closed down and I am concerned. So I thought, "What if I had a site that was located in England, on a server in the U.K.?"

Would the business be officially located in the UK, or does the fact that I operate it from The U.S. make it a U.S. business simply operating in the U.K. and still subject to US laws?

And for that matter, if the information about the Act is accurate, should I need to be concerned at all about just putting up the banner links, etc?

Thanks for your time and attention.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? Kansas

I own and operate a website in the United States. I've been approached about becoming an affiliate partner with an online sports wagering site in Costa Rica. I would post banner ads and use my mailing list to encourage people to open an account with the wagering site--no wagering or betting would actually be conducted on my website.

Current U.S. law, the Unlawful Internet Gambling Enforcement Act (2006), prohibits Americans from using credit cards, electronic funds transfers, or checks to finance Internet gambling activity. However, placing a bet online is NOT illegal according to the law.

From About.com:




This seems straightforward enough to me, but I read from time to time about the occasional site that is closed down and I am concerned. So I thought, "What if I had a site that was located in England, on a server in the U.K.?"

Would the business be officially located in the UK, or does the fact that I operate it from The U.S. make it a U.S. business simply operating in the U.K. and still subject to US laws?

And for that matter, if the information about the Act is accurate, should I need to be concerned at all about just putting up the banner links, etc?

Thanks for your time and attention.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
**A: you would be in violation of the law.
 

racer72

Senior Member
However, placing a bet online is NOT illegal according to the law.
I would suggest you do a little more investigating. My state (Washington) and some others specifially ban any kind of online gambling including placing bets.
 

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